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ARTICLE · 28 NOVEMBER 2010

Workplace Relations Update - The chaos of public holidays

The treatment of public holidays amongst the States and Territories in Australia is confusing and inconsistent. Currently, the States and Territories adopt five different approaches to proclaiming Christmas and New Year public holidays. The way that public holidays are proclaimed is important for almost all employers, small and large, given that it impacts upon the penalty rates payable for days worked. As Christmas Day, Boxing Day and New Years Day all fall on a weekend this year, some states h

AustraliaEmployment and HR
Sarah Clarke
Sarah Clarke

The treatment of public holidays amongst the States and Territories in Australia is confusing and inconsistent. Currently, the States and Territories adopt five different approaches to proclaiming Christmas and New Year public holidays. The way that public holidays are proclaimed is important for almost all employers, small and large, given that it impacts upon the penalty rates payable for days worked. As Christmas Day, Boxing Day and New Years Day all fall on a weekend this year, some states have proclaimed substitute days , some have proclaimed additional days and some have proclaimed a mixture of both. If employers have an enterprise agreement that comprehensively deals with public holidays then they need only comply with the requirements in that agreement. Otherwise they will need to adopt the legislation in each particular State or Territory where their workplaces are located.

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